RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXX, Issue 4510, 3 September 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, September 2. (Before J. O. Crawford, Esq., R.M.) assault. The case of Ephraim Denlittle v. Lauchlin Nicholl, for assault, was withdrawn by permission of the Bench. PROTECTION ORDER, Anne McDonagh applied for a p?operty protection order against her husband, Hugh McDonagh, the plaintiff being capable of supporting herself. The Bench ordered the protection order to issue, the plaintiff to pay 9s. costs. POSSESSION OF TENEMENT.—J. PEIHEEICK V. A. A. KNIGHT. The plaintiff in this case was the owner of the tenement in question, and demanded a rent of 14s. per week and to give up possession. The defendant refused to pay more than 10s. per week and refused to give, up possession, alleging a yearly agreement at the rent of 10s. per week from a former lessee, Mrs. Stanley. Mr. Buckley for the plaintiff, and Mr. Allan for the defendant. Mr. Buckley, for the plaintiff : The plaintiff is the owner of the house in question, for which the defendant agreed to pay a rent of 14s. per week, as a weekly tenant. The defendant refused to give up possession or to pay the rent, and the plaintiff asked the Bench for possession and payment of the rent. Mr. Allan tendered on behalf of defendant the sum of 30a., being the three weeks’ rent, which the plaintiff had refused to accept. James Petherick, jun., knew the defendant Knight. He became the tenant of witness on the 2nd August by a verbal agreement. Witness informed the defendant that he had just purchased the house, and that he expected him to pay his rent every Monday morning. There were four weeks’ rent due. The defendant agreed to these terms. By Mr. Allan : Defendant disputed his title, and said that he was a weekly tenant of Mrs. Stanley, at 10s. per week. He afterwards agreed that he would take the house of witness at the rent of 145., as a weekly tenant. By Air. Buckley : On the 2nd of August, defendant disputed witness’ title. Witness proved his title, and defendant agreed to become his tenant. Mary Petherick, wife of the plaintiff, recollected Mr. Knight coming to her husband’s house. Mr. Knight said that it was unfair for Mrs. Stanley to sell the house to witness, as he would have bought the house himself. He afterwards expressly agreed to rent the house of the plaintiff as a weekly tenant at the rent of 14s. per week. By Mr. Allan : Witness called for the rent on the following Monday, but defendant refused to pay more than 10s. rent, and witness refused to take it. Edward Petherick recollected the night of 2nd August. Plaintiff satisfied defendant that ho was the actual owner, and after some contention defendant agreed to keep the house on at 14s. per week. By Mr. Allan : The agreement was made in the house. Defendant distinctly agreed to pay the plaintiff a rent at 14s. per week. By Mr. Buckley: Witness had told the absolute truth as to the case. This was the plaintiff’s case. Mrs. Stanley, the former owner of the tenement, agreed to let the house to the defendant for three years at a weekly rent of 10s. He contended that the reversioner Betherick bought the house subject to any rights of the defendant conferred by the former owner, Mrs.Stanley. Hence the defendant was not bound to pay more than 10s. per week, such ren being payable in advance.

A. A. Knight, storeman, knew Mrs. Stanley. On the 11th of January he went over to Mrs. Stanley and spoke to her as to renting the house. They went to Mr. Schultze and he made an express agreement to let the house to witness for the remainder of the term, for three years, at a rent of 10s. per week, to be paid in advance. Witness had paid this rent regularly to Mr. Schultze up to the end of August. Mr. Stanley sent for him about a week before the sale and agreed to sell her interest in the house for £2O. This agreement was never ratified. He called afterwards on Mr. Petherick, on being informed that he had purchased the house, and told him that he would retain possession on the same terms as those imposed by Mrs. Stanley. Witness refused to pay more than 10s. rent. By Mr. Buckley ; It was about six in the evening of 2nd August when he called on the plaintiff. Witness told the defendant that he would not dispute his ownership, but contended for the benefit of the agreement made by Mis. Stanley. Witness said he would keep the house, and made no agreement to pay 14s. per "week. He had tendered 10s. for rent to the plaintiff, but the tender had been refused. Witness placed the matter in the hands of his la Alice Knight, wife of last witness, was well acquainted with Mrs. Stanley. Was present when Mrs. Stanley agreed to let the house to defendant for the remainder of the term, at a rent of 10s. per week, on condition that the house was kept in repair, and that the rates were paid. . By Mr. Buckley : Plaintiff said that 10s. was too low a rent, but the defendant said he would take the place. He named no rent. Henry Shultze : Was agent for Mrs. Stanley. The arrangement made was, that Mrs. Stanley would let the defendant have the house for the remainder of the term, and the defendant then entered into possession. Mary Ann Stanley Shultze, had been her agent, and collected the rent for her. Witness never agreed to sell the lease to the defendant. By Mr. Allan : Knew the plaintiff before big marriage. Did not agree to let'the defendant have the house for the remainder of the term. Witness agreed to let the house to defendant for 10s. per week, and never agreed to let the house for three years. He was a •weekly tenant only. The Bench mive judgment for 305., the costs to be ■ paid by°plaintiff. The order for possession being refused. There were nine other civil cases, but of little interest.